Ten Muslim students from the University of California were found guilty of misdemeanor charges Friday after a 2010 incident in which they disrupted and delayed a speech by the Israeli ambassador to the United States on the UC Irvine campus. The students, who could have faced jail time, were sentenced to probation and community service.
The university had previously suspended the Irvine Muslim Student Union in connection with the incident, and many observers — including Erwin Chemerinsky, the dean of the UC Irvine law school — criticized the decision to bring criminal charges.
I agree with those who are dismayed by the verdict. The interruptions of Ambassador Oren were brief and non-violent, the students didn’t resist ejection, and the ambassador was eventually able to give his speech in full. Clearly the students were disruptive, but they did not have the intent nor the effect of preventing Oren from speaking.
As a person who speaks on campuses with some regularity, I’d certainly be appalled if such an incident ever led to criminal charges against someone who was critical of anything I had to say — the idea that the disruption of a campus speaker would leave a student with a criminal record, and relying on the forbearance of a judge to avoid jail time, is astonishing.
But as I told the Chronicle of Higher Education yesterday, the most important thing to underscore here is that this prosecution stands as part of a larger recent pattern of criminalization of non-violent student protest throughout California, and in the UC system in particular.
Again and again over the last few years, university officials in California have directed law enforcement to end protests by arresting students, including in circumstances in which those protests were neither violent nor substantially interfering with the functioning of the university. In many cases those arrests led (as here) to overreaching prosecutions, while in others the arrests themselves had a disruptive effect on legitimate protest.
It’s the university’s prerogative to set limits on student protest (subject to their First Amendment obligations to permit free speech and assembly), but those powers should be used with restraint and discretion. When the university finds itself deploying mass arrests of non-violent student protesters as a matter of course, as the University of California has in the last several years, something is seriously out of whack.
By contributing to the criminalization low-level non-violent protest as they have, UC administrators, police, and prosecutors have cowed some student activists while radicalizing others. They’ve fostered a charged, tense atmosphere in which students have chained themselves together on the high ledge of a Berkeley campus building and in which a UC San Francisco police officer pulled a gun on a group of protesters, all within the last twelve months.
The Irvine 11 were among some 250 California student activists arrested during the course of protests during the 2009-2010 academic year. That’s a mind-boggling number, and evidence that student-administration relations have gone profoundly off the rails.
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September 26, 2011 at 3:43 pm
Rebel 2
example: http://reclaimuc.blogspot.com/2011/09/notes-on-tolman-occupation.html
September 26, 2011 at 6:35 pm
Jonathan Mark
You make several questionable statements:
(1) The disruptions spanned over a 35 minute period, during which Amb. Oren was only able to speak for 2.5 minutes.
The judge in his instructions to the jurors said that in order to convict the protesters needed to have caused a substantial disruption of the speech. If the disruptions had indeed been brief then the disruptions would not have met the legal test of being substantial.
(2) You state that Amb. Oren finished his speech, but you do not know whether the speech would have lasted longer if he had had more time. An experienced speaker is aware of how much time he has and shortens his remarks if there is less time.
(3) You object that Amb. Oren got to speak, but the students were charged with disruption of a meeting, not with totally, completely preventing those holding the meeting from speaking. You misunderstand the law the protesters violated, namely, “disruption of an assembly.
In his instructions to the jurors, the judge never told the jurors that they had to find that the protesters totally and completely prevented Amb. Oren from speaking. The protesters merely needed to have substantially disrupted Amb. Oren’s speech. Can anyone who viewed the disruptions on YouTube (search for “Irvine 11”) dispute that there was a substantial disruption of Amb. Oren’s speech for 35 minutes. Who was doing the disrupting and did they have a legal right to do so. No, they did not.
The jury returned the right verdict, and in sentencing the 10 protesters to fines, community service and probation the judge returned the right sentence.
September 26, 2011 at 6:47 pm
Jonathan Mark
Another point you need to consider is that Amb. Oren’s speech at UC Irvine was sponsored by the UC Irvine student group Anteaters for Israel. In some videos of the speech you can see a nicely dressed pair of male and female student proudly introducing Amb. Oren at the beginning.
You CANNOT claim that you support student organizing and then be in favor of allowing people to bust up the meetings of UC Irvine Anteaters for Israel. Look at the videos of the disruption on YouTube and see whether it was possible to continue while the protesters were disrupting.
I would hope that you support the right of all students, INCLUDING UC Irvine Anteaters for Israel, to organize. It would be sad indeed if you only supported student organizing for causes you agreed with, and were prepared to throw those you disagree with, including Anteaters for Israel, to the wolves WITHOUT LEGAL PROTECTION OF THEIR RIGHTS TO SPEAK.
I am very grateful to the Orange County District Attorney’s office for protecting the right of UC Irvine Anteaters for Israel to hold a meeting without it being substantially disrupted by the UC Irvine Muslim Student Union. If you truly supported the rights of students to organize even for causes you are unsympathetic to then you, also, would be grateful to the OCDAs office for protecting the rights of UC Irvine Anteaters for Israel to invite Amb. Oren.
This is where the rubber hits the road. Do you think that UC Irvine Anteaters had a right to hold a meeting featuring Amb. Oren without substantial disruption of that meeting? The judge and jury said UC Irvine Anteaters for Israel had that right.
September 26, 2011 at 9:30 pm
Angus Johnston
Jonathan, you misunderstand me. I said I was dismayed by the verdict, and I am, but that doesn’t imply that I find it improper as a matter of law or that I thought that the jury acted improperly. I’m dismayed that charges were brought in the first place, dismayed that the DA didn’t resolve the case with a plea bargain or an ACD offer, and — yes — dismayed that these ten young men are now saddled with criminal records. None of that has anything to do with whether they violated the law (a question which I haven’t researched and don’t have an opinion on).
As for your second comment, you misunderstand me again. I’m not in favor of “allowing people” to “bust up” student meetings, and my views on this protest have nothing to do with the politics of the protesters — as I thought I made clear when I said that I would be appalled if anyone who protested one of MY speeches was treated the way the Irvine 11 were.
September 27, 2011 at 8:34 pm
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September 28, 2011 at 5:10 pm
Jonathan Mark
Unfortunately, Mr. Johnston continues to distinguish between busting up a meeting, which he rightly opposes, and significantly disrupting such a meeting. But the same California statute prohibits both.
For reasons that are unclear, Mr. Johnston allows that significantly disrupting a UCI Anteaters for Israel meeting might, in fact, be illegal, but he objects to prosecuting students who do so.
This matter is of continuing relevance to UCI Anteaters for Israel’s rights to free speech on the UCI campus.
In October 2011 UCI Anteaters for Israel, which hosted Amb. Oren last year, is going to bring a gay Israeli soldier to the UCI campus to speak about his experiences defending Israel.
The conviction of the Irvine 11 will encourage Anteaters for Israel and other Orange County student groups to bring controversial speakers to the UCI campus. It will encourage controversial speakers to come to the UCI campus, knowing that they cannot legally be prevented from speaking by disruptors for 35 minutes.
Most importantly, the conviction of the Irvine 11 will discourage the UCI Muslim Student from significantly disrupting other Anteater for Israel events.
Hopefully as time passes Mr. Johnston will be more concerned about the free speech rights of UCI Anteaters for Israel than he has demonstrated so far.
September 30, 2011 at 7:27 pm
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[…] The Irvine 11, in the context of the UC crackdowns […]
October 2, 2011 at 1:13 am
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[…] On the Irvine 11, Free Speech, and Campus Protest in the University of California […]